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Gnanendra Nath Ghose Vs. Panchkouri GaraIn and ors. - Court Judgment

LegalCrystal Citation
CourtKolkata
Decided On
Judge
Reported in64Ind.Cas.310
AppellantGnanendra Nath Ghose
RespondentPanchkouri GaraIn and ors.
Cases ReferredRam Chand Sur v. Iswar Chandra Giri
Excerpt:
limitation act (ix of 1908), schedule i, article 132, - loan of paddy on security--charge--suit, nature, of. - .....in paddy, the interest to be paid in paddy, security being given for it. but, since he decided the case, the point in question has been set at rest by a decision of the full bench of this court in the case of ram chand sur v. iswar chandra giri 61 ind. cas. 539 : 32 c.l.j. 278 : 25 c.w.n. 57 : 48 c. 625. it is there held that a suit to recover the value of paddy charged upon immoveable property is a suit to enforce payment of money charged upon immoveable property within the meaning of article 132 of the limitation act. we must, therefore, hold that this appeal has been wrongly decided on the question of limitation. we accordingly decree this appeal and remand the case to the lower appellate court for decision of the other issues arising in the appeal, costs will abide the result.
Judgment:

1. In this appeal the learned District Judge has held that Article 132 of the Limitation Act does not apply to the case of a loan which is to be repaid in paddy, the interest to be paid in paddy, security being given for it. But, since he decided the case, the point in question has been set at rest by a decision of the Full Bench of this Court in the case of Ram Chand Sur v. Iswar Chandra Giri 61 Ind. Cas. 539 : 32 C.L.J. 278 : 25 C.W.N. 57 : 48 C. 625. It is there held that a suit to recover the value of paddy charged upon immoveable property is a suit to enforce payment of money charged Upon immoveable property within the meaning of Article 132 of the Limitation Act. We must, therefore, hold that this appeal has been wrongly decided on the question of limitation. We accordingly decree this appeal and remand the case to the lower Appellate Court for decision of the other issues arising in the appeal, Costs will abide the result.


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